#2969- Deed; REVOCABLE PERMIT Near a residential property, southeast corner of Cleveland Road and Lincoln Way West

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:m,q REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME WHEREAS, the Lincoln Way West Steering Committee (the "Applicant") is desirous of improving the Lincoln Way West Commercial Corridor; and WHEREAS, the Board of Public Works of the City of South Bend (the "City") is desirous of assisting Applicant; NOW THEREFORE, the City hereby grants a Revocable Permit for the Applicant to install, maintain and remove a flower planter at the following location: Near a residential property, southeast corner of Cleveland Road and Lincoln Way West, property owned by the City and more particularly described in Exhibit 'A "to this document. The encroachment will be permitted to remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS of the City of SOUTH BEND shall determine that such encroachment is in anyway impairing or interfering with the street or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions. 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void. 5) The City of SOUTH BEND shall not be liable to Applicant for any damages caused to Applicant that arise out of or is incidental to any activity and/or incidences authorized by this pen -nit. 6) In consideration of the granting of this Permit by the BOARD OF PUBLIC WORKS, Applicant shall indemnify, hold harmless and defend the City of SOUTH BEND ("City") from and against any and all actions or causes of action, claims, demands, liabilities, losses, damages or expenses of whatsoever kind and nature, including attorney's fees, which the City may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the City may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the City to enforce the obligation of this agreement of indemnity. 7) It is the intent of the parties hereto that the Applicant shall indemnify the City under this indemnification clause to the fullest extent permitted by law, except that Applicant shall not indemnify City for any damage or expense caused by the sole negligence of City.